Comparative Approaches to Continuing Legislative Reform: Considering Insolvency Law Reform in Japan and Several Common Law Countries

Law in Asia and the Near Future Conference, November 2001

ANU College of Law Research Paper No. 07-19

9 Pages Posted: 9 Sep 2007

See all articles by Kent Anderson

Kent Anderson

The University of Western Australia

Abstract

This paper briefly considers and critiques comparatively institutions of law reform used in Japan, Australia, New Zealand, the United Kingdom, and the United States. It undertakes the examination using a case study of insolvency law reform and the specific treatment of cross-border insolvency. In particular, the paper appraises the shingikai [deliberative council] system in Japan; the Law Commission system in Australia, New Zealand, and the UK; and the ad hoc system of reform in the United States. The paper approaches the issue from a legal realist and stakeholders perspective. It concludes that law reform institutions benefit from periodic review by specialists balanced among a variety of interested parties.

Keywords: Law reform, Japanese law, insolvency

Suggested Citation

Anderson, Kent, Comparative Approaches to Continuing Legislative Reform: Considering Insolvency Law Reform in Japan and Several Common Law Countries. Law in Asia and the Near Future Conference, November 2001, ANU College of Law Research Paper No. 07-19, Available at SSRN: https://ssrn.com/abstract=1011520

Kent Anderson (Contact Author)

The University of Western Australia ( email )

35 Stirling Highway
Crawley, Western Australia 6009
AUSTRALIA

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